The New York Herald Newspaper, December 11, 1857, Page 1

WHOLE NO. 17771. AFFAIRS IN WASHINGTON, The Debate on the Kansas Question in the Senate. IMPORTANT TEST VOTE IN SECRET SESSION Xenator Douglas Read out of the Democratic Party by the Southern Senators. Another Effort for a Branch Mint in New York. DESPATCHRS FROM THE UTAH EXPEDITION, &e., &e., ke. Interesting from the National Capital. IMPORTANT DEBATE AND TRST VOTE ON THE KANSAS QUESTION IN SECRET SESSION OF THS SENATE— GEN. BENVER CONFIRMED—CAUCUS OF SOUTHERN ‘SENATORS—-DOUGLAS READ OUT OF THE DEMOCRA- TIC PARTY—PROPOSED CHANGR IN THE OFFICERS OF THE SENATE—NEWS FROM THE UTAH KXPEDI- TION—THE NEW YORK DISTRICT ATTORNEYSHIP— PROCREDINGS OF THE NAVAL COURTS, RTC. ‘Wasmyaton, Dec. 10, 1967. Immediately after the Senate met to-day they went into executive session for the purpose of confirming the nomi- nation of Gen. Denver as Secretary for the Territory of Kansas, vice Stanton, removed. Senator Douglas led off with a speech in opposition to the confirmation, and ‘was followed by Seward, Hale, Trumbull and Dolittle; while on the democratic side the action of the administra- tin was sustained by Slidell, Mason, Benjamin, Big- Jer and otbers, After an animated debate of two ‘hours and a half a vote was taken, and he was confirmed by a vote of twenty-nine to nineteen, the republicans all voting against and the democrats for con- firmation, with the exception of Douglas, who left just be fore the vole was taken. Senators Gwin and Pugh spoke ‘on the subject in an equivocal manner, but finally sus- tained the administration. Douglas carried but one demo- cratic Senator with him—namely, Broderick, of California. ‘This is the first test vote, and so considered sustained ‘Ube administration on the Kansas question. A caucus of Southern Senators (thirteen in number), was held last evening, to consider what course they should pursue in reference to Senator Douglas. I understand they denounced his course, and unanimously read him out of the party. Senator Douglas seems sanguine that the prompt pas- sage of the ‘Toombs bill’’ in reference to Kansas, would beal all differences in the democratic ranks and make the party impregnable North and South. He thinks the Le- compton constitution will be rejected here whether pre- sented with or without the slavery clause. A caucus of democratic Senators will be held to-morrow for the purpose of ascertaining the views of Senators as to the propriety of changing the officers in that body, and the election of a printer to the Senate, and also in con- structing the Senate committees. A. D. Banks, of Virginia, is a candidate for printer to the Senate. It is believed that he will distance Col. Harris, of the Union. Nothing ef interest occurred in the House. About two hours were occupied in discussing the abstract question as to whether Congress needed a chaplain. It was warmly contended by some that they were past praying for. They agreed, however, to give all the ministers ip the city an opportunity to save them if possible. ‘The Congressional committees will be announced on Monday. Co}. Richardson was confirmed as Governor of Nebraska. ‘The telegraph made me say that Col. Richardson had accepted the Kansas Governorship, when it should have been Nebraska. ‘The President has tendered the appointment of District Attorney for New York city to Judge Sutherland, He has written a letter to the President declining it. It now hangs between Messrs. Sedgwick and Hoffman. Mr. Maclay gave notice to-day that he would at a future day ask leave to introduce a bill for the establishment of a branch mint in the city of New York. The Secretary of War received a telegraph despatch this evening from headquarters at New York, coutradict- ing the statement that an engagement had taken place be- tween the Mormons and the United States troops. The ‘Mormons had stolen some cattle and horses. The troops were going into winter quarters at Henry’s fork, abou, one hundred miles from Salt Lake City. The troops were all well. This is the intelligence brought by the special messenger despatched by Col. Johnston, and the des- patches are dated “ South Pass, October 18.’ Copies of the President's Message have been forwarded to London, and it is determined that Sir William Gore Ouseley will not leave for Central America until he learns the views of his government thereon. He has been in- structed to prevent the abrogation of the Clayton-Bulwer treaty if possible. General Robles anticipates important intelligence by telegraph to-morrow from Mexico. He considers the re storation of Santa Anna by no means improbable, ‘The public departments are remarkably quiet since dis posing of the annual reports. In Naval Court No. 1 to-day Mr. Wilson and Mr. Bland were examined for the defence in the case of |ieut. Porter. In Court No. 2 the case of Commander Johnson ‘was continued, and Captain Stribling, Commander De Camp and Lieutenant Stanley were examined on the part of the government. In Court No. 3, in the case of Com- mander Glynn, Lieut. E. G. Parrot testified for the govern: ment, and Governor H. Wilson for applicant. ‘THR GENERAL NEWSPAPER DESPATCH. Wasuuvatox, Dec. 10, 1857. The nomination of Colonel Richardson as Governor of Nebraska was to-day confirmed by the Senate. This ap- pointinent implies that his position on the subject of Kaneas is satisfactory to the adminietration. General Denver's appointment as Secretary of State of Kansas was confirmed by 29 democratic votes to 19 re- publicans against it. Mr. Douglas was absent. Genera! Denver has been telegraphed to at Boonville. The removal of Governor Waiker is daily expected. it ie stated on high authority that should he now move in the direction of Kansas this result would tmmediately follow. ‘Thomas J. Semmes has been appointed United States Attorney for the district of New Orleans. His predecessor ‘was removed on the ground that he did not use sufficient vigilance to prevent the escape of General Walker and party from that port. Hon. Nathan Clifford's appointment to supply the vacancy in the Supreme Court bench has not yet been definitely acted upon by the Senate. THIRTY-FIFTH CONGRESS. FIRST SESSION. Senate. Waantxotow, Deo. 10, 1847. THE PUBLIC PRINTING. Mr. Sxwann, (opp.) of N. Y., submitted a resolution, which lies over, directing the Joint Conmnittee on Printing to inquire and report whether any new provisions of taw are necessary to secure the: faithful performance on tho part of Congress of the existing contracts, which provide for aceurate reports of the debates of the two houses. ‘THE ADMOAWION OF KANRAS, Mr. Doveras, (opp.) of Til. gave notice of bis intention to introdace o bill at an early day to enable the poopie of Koneas to form a constitution and State government, preparatory to their a'mission into the Union, LAND GRATIS TO SETTERS. Mr. Foote, (opp.) of Vt., gave notice of a bill making frAnte of auc to actual settlers ‘The Senrte then went into Executive session, and upon 1% doows being opened adjourned till Monday House of Representatives, Wasnixetor, Deo. 10, 1867. THR PUBL PRINTING. The Srxaxex appoitted Messrs. Smith of Vu., Grow, Taylor of Now York, Nichols, Smith of Jenncssee, Morse auc Dowdell, the commiltee autherized to be appointed tor the eubject of the public printing, and ro Pac sueh reforms os thoy may deem advisable. TUR STANDING COMMITTEES. ‘On motion of Mr. Bawks, (opp.) of Mass., tho Speaker was authorized to appoint the standing committees, and in order to afford him an opportunity to do so, when the Houee arjourned it should be till Monday noxt. THE SEW FALL OF RAVRESENTATIVES, ‘Op motion of Mr, Wanna, (adm) of Ark., a compitiee was ordered to be appointed to report when the pew hall can be occupied. THR CHAPLAINCY. Mr. Dowpmz, (adm.) of Ala., offered a resolution re- questing mitusters of the Gospel residing in Washington Wo alternately open the daily sessions of the House with ayer. im . Jones, (adm.) of Tenn., presented petitions against the emptoyment of ‘chaplains by the government, on the ground of its macnngtnnicneay, A debate followed, in which it was stated that several ministers of te Gospel had tendered their gratuitous ser- vices. The resolution was adopted. THE DISTRIBUTION OF BOOKS TO CONGRESSMEN, Mr. Smarusns, (adm.) of Ga., offered a resolusion, which was adopted, providing for the distribution of books here- tofore ordered, to new members. : Mr. Lerousr, (adm.) of Va., took occasion to say that it was the duty of the House to stop the evil of book distri- Dution. Some volumes are now in preparation, a single one of which will cost $200,000. Fverything to be printed should be first scrutinized, especially as lately they had beard so much about plunder. The House then adjourned till Monday. THE KANSAS QUESTION IN THE SENATE. The Debate on the First Day. IN SENATE. ‘Torspay, Dec. 8, 1857. The journa) of yesterday was read and approved, PRESIDENTS MBABAGE. Mr. Brucnr, from the committee appointed to wait upon the President of the United States, appeared and gaid:— Mr. President, the committee appointed on the part of the Senate to meet a similar committee on the part of the House of Representatives, for the purpose of in- forming the President of the United States that the two houses were organized and ready w receive any commu- nication it might be bis pleasure to make, have performed ‘that duty and received for answer that he would imme- diately make a communication wo each house in writing. Mr. J.B. Hevny, the President’s Private Secretary, shortly afterwards appeared below the bar, and said—t am directed by the President of the United States to de- liver to the Senate his annual message, in writing, with the accompanying documents. ‘The Secretary read the message. Mr. Doveras—I offer the following: — Ordered, That the usual number of copies of the Message ‘and actompanyiug documents be printed, and fifteen thousand additional copies of the Message aud accoinpanying document be printed for the use of the Senate. Before I yield the floor, I desire simply to state that I have listened to the Message with great pleasure, and con- cur cordiaily in much the greater part of it, and in most of the views expressed; but in regard to one topic—that of Kansas—I totally dissent from all that portion of the Mes- Boge which may fairly be construed as approving of the proceedings of the Lecompton Convention. At an early period I shail avail myself of an opportunity to state my reasons for this dissent, and also to vindicate the right of the my of the Territory of Kansas to be left perfectly free to form and regulate their domestic institutions in their own, way according to the organic act. ‘Mr. SrvART—I do not propose to say auything on the subject of this last proposition; but 1 deem it my duty to say a word in concurrence with what has been said by the Senater from Illinois, The principal topics of the i dent’s message have been treated in a manner which not nly meets my entire approbation, but I think I may safely add, in as able a manner as was within the power of any man. In respect to that portion of the message re- lating to the Constitutional Convention of Kansas, if I could agree with the President in his reasonings, in so far as he seeks to show that the principles of the organic act of that Territory bave been ¢omplied with, I might agree with his conclusions; but believing that the principles of the organic act have been violated by the action of that Cor vention, and that in no event can the people of the Ter tory be left as that act declared they should be— per- fectly free to form and regulate their domestic in- stitutions in their own way’’—unless there shall be some future light which will show me that the astion of this Convention has been misrepresented and is not correctly understood either by the President or by myself, Tnever can give it my support. Ata future day Ishall deem it my duly to go into this subject at length. Ishall now conclude by saying that in my action upon this subject hereafter, as heretofore, 1 will insist tothe extent of my abilety that the people of Kansas shall be treated like all other people, and shall have the fullest, the freest 0} nity to form and regulate such institu tutions as they may see fitto live under; and whether they are in accordance with my tastes or against them, will not at all effect my action on the question. Mr. Davis—Mr. President, I think it is premature to dis. cuss the mes: I do not propose to do sv. The re- marks of two the honorable Senators on my right seem to de directed entirely to the action of the Conventien, and to the phrase about the people being left free to form their institutions in their own way. 1 could scarcely institute an argument on @ proposition so plain as that the people may act either by popular vote or through their delegates; and itis a denial’ of sovereignty to the people to say’ they have not the power to clect their delegates and to invest them with authority to form an instrument which shall be binding on the body politic. They might, if they chose, by popular vote settle the whole question. They did choose to have delegates in camveution. They might, if they had so chosen, have directed those dele- ‘ates to refer the question back to them, and so might the y politie direct the Legislature to submit every act to a popular vote. It reste on them to decide one way or the other. Ido not understand the doctrine w the extent of the remarks that are made. Mr. Biauxn—I shall certainly not engage in any discus sion of the main question at this time; but as two distin- guished Senators from the Northern part of the Union, of my own party, have declared an empbatic difference with the President on 80 much of his message as relates to the affairs of Kansas, I desire simply to say that | jnstas emphatically concur in these views. { cannot agree with my friend from Tlinois as to the cun struction he has given to the rights of the people of pKansas. Nor can | see that any right of theirs under the organic act, or that their liberty to any extent, is to be impaired by the doctrines of the message. Of course it would be unbecoming to go into the details of the argument at present. I do not intend to do so. Tsim sly rose for the purpose of declaring that when we shall fave heard the extended remarks of the Senator from Illi. nois, with all deference to his admitted intelligence and ability on this subject, I shail make the beet reply I can, unless he convinces me that the President is mistaken as to the facta and theory of this case, of which I have no apprehension. Xr, BrowN-—T think that @ discussion of this question now is altogether premature. Intimations are thrown out first on one side and then on the other, which I think, in the present aapect of the subject, can lead to no good re- wult; and that we may all sleep to-night on the message before we undertake to discuss it, I move that the Senate ourD. Several SevaTors—Oh, no. Withdraw the motion. Mr. Haie—Mr. President, 1 have nothing to say on the horey branch of the motion under consi ; but wish to address a word or two to the general aucwtige. Perhaps I owe an apology to the Senate for saying a » because the question that has arisen seems to be a sort matter, in which an outsider ought not to inter- it were not that Leu; there was some re- ‘attached to all of us here I should not say a , en | address myself to this subject Iam not atall embarrassed by having to say that I approve of any part of the message, or Iwas one of the friends of the Kansas-Nebraska act, aod am very desirous to see ‘the principles of that act carried out. I do not exactly understand what the principles of that act were; bat I be. lieve the President is carrying then out pretty fairly. 1 do not mean to say that he is carrying out the intention that existed in the heart of the patriotic gentleman who framed it and brought it in here; of public policy, and as & matier of the of the country, I believe been pretty fairly carried out ever since it was adopted, and that it is proposed to be so carried out now. But there is a single assertion made by the Pro- sident of the United States in his meseyge, upon which T wish to make an issue—not an iasue of veracity, of conrse —but of history, and of fair construction of language. As T understand bi Penny Lay the burried reading I have given it, the President very hard to explain away some little inadvertencies which be may have committed in deference to this principle of popular sovereignty in his iastructions to Governor Walker. He says, honest, simple- hearted man as he is—he never had a doubt that this auestion was to be fairly submitted to the ple of that Territory. It was in the exercise of thie comfortable as. surance, this Christian faith, that it would be so carried out that he penned those lines in Governor Walker's in- structions. After having done this, be goes on to argue that on the whole it bas been carried out, aud at last comes to the conclusion Tn the achedule providing for the transition from a Territo rin] to a State government, the question has been fairly and explicitly referred to the ‘people, whether they will have a constitution with or without slavery. Now, sir, I deny this entirely; and when I deny it Ido so inthe manuer I have stated. I make no question of veracity with any one, but I base the demial upon the con etruction of words, the meaning of language. 1 have read a paper which purports to be the constitution and the echedule, and [take it for granted, until the contrary ap. pears, that it iso trae copy. Instead of at constitution and achodulo submitting to Lae people ausas the ques tion whether th: il! have a cont) Lon with or without slavery, if aui to th jucstion whether they will have the due difference between the definite and ino oie article—with «lavery in the consti- tution, and in the schedule too, or whether they will sim- ply have slavery in the schedule so tiet ap that # can never be abolished. That ix the question sutmitted; bo- cause, if T have read the constitntion aright, If the people vote to have the constitution without siavery, then the article providmg for slavery in the constitution is to be stricken out, but the schedule remains, which wakes slavery perpetual, and gives a moncpoly to those who own slaves now in the Torritor; ing off ontaiders, and tue enhancing their . The people of Kansas go to the po 3, the President says, to vote upon what has been “fairly and explicitly” salmait- ted to them. Suppeve they vote for the constitution with- ont riavery. What then? They only get the lattor clansa of slavery: the article im tho constitution tolerai’ng slave- Ty is stricken out, but the schedule, which goes into devil, which makes it’ binding, whieh ties up the handa of the Jegistaturo, and attempts to the up the hands of all futare Conventions, #0 that slavery can never be touched there, ro. mains. This is the porfeet liberty which the people of Kan- sas have. | wae rejoiced when 1 heard the distingnished Senator from Tilinois, who was the anthor of the - Nebraska bill, intimate that at some time he would give his views wpon the subject. I should like to know wheth- or this is the perfect freedom which he understood the people of Kansas were to have; but I believe that he hag indicated that he does not think #0. Now, I wish to tell you what the President says, He declares that ‘The frtente an: aot, when struge! enpporters of 1g OD A reCED yy Nebraska and Kansas ip WO susan it wise MORNING EDITION—FRIDAY, DECEMBER 1), 1857. rovisions before the great tribunal of the American ie, Pi grea peop! ‘about its true meaning on this subject. ‘That struggle, that great struggle of which the Presi- dent , occurred at the time when he was a candi. date for the presidency of the United States. He says ‘that on that oceasion ‘‘everywhere throughout the Union,” the friends of that bill—be means those who supported James Buchanan— ubliely pledged Everywhere tiiroughout the Union Saez their faith and their honor that they would cheerfully submit the question of slavery to the decision of the bona side people of Kansas, without any restriction or qualification whatever. Well, sir, the President says they have done this. He says they have submitted the qi “* without any re- striction or qualification whatever,” to the people of Kansas. Upon that point I desire to speak. Iam not embarrassed by any of the other questions which havo been referred to, but upon this question I desire, at some suitable time, when # will be most conve- nient to the Senate, to be heard; and I give note now to those who care anything about what I may say upon this question, ] take issue with the Presi- dent. I deny in whole and in part, in general aud in de- tail, that the pledge spoken of by the President has, in auy manner, been redeemed; but, on the contrary, I assert that, in bo sense, general or special, have the people of Kantas, by this ‘constitution, the right of deciding upon the institutions under which they may live, It is no apolo- ey for the President to say that after they come into the Union ag a State they may amend the constitution and blot out whatever is obnoxious; because, by the constiva- tion which he recommends and desires us to adopt, the men who have framed it have done everything they could to te up the bands of the bona ide people of ey they have this liberty left—if a liberty of any sort remains to them to judge and determine as to their institutions— they will not have it in virtue of this constitution, nor in virtue of the proceedings of the Lecompton Convention; but they will have it in spite and in defiance of this consti- tution by riding over it and trampling its authority under foot, in virtue of the great principle of popular sovereign- ty, of which this is bwt a mockery. Having said this much, I do not wish any longer to detain the Senate. Mr. Sewakp—If I thought it was expedient, Mr. Prosi- dent, tbat this day should close upon a debate on tho Presidentv’s message—a decument which surveys the con- dition of the whole country, and presents to mankind the state of every interest in it—or as intended to do so, while only One question, and that the question concerning Kan- sas and slavery in Kangas, was examined or considered or reflected upou by the Senate of the United States, I should not think it necessary to say anything. In regard tw that, I agree that the debate which has been indicated is well postponed. 1 see that it enlists an affirmative and a nega- tive side. We have been promised, on the part of the friends of the President of the United States who approve of this message and the principles contained in it, an ex- planation, a defence of it. Iam sure I feel for one that the meseage is very lame and impotent in its argument in this respect, and that something more will be necessary to satisfy me with the position assumed by the President than is contained in the document itself. Tam willing to wait until we shall hear—as I think the country will require to hear—the argument which is pro- mised in support of this part of the message. On the other hand, as the President and those who differ from him stand on a common ground in the beginning of this debate—that of the acceptance of the Kafsas-Nebraska bill—I feel that # is due to those mem- ders of the Senate who, standing upon that ground, differ from the President in the exposition he now gives of those ae at this stage in the progress of Kansas from a ‘erritorial to a State government, that they should have an opportunity to be heard first. I believe that their rument, standing upon that ground, will have a greater set than even an argument of the same merit proceed- ing upon the same ground from those who have alway opposed the policy and principles of that bill. Iehall, therefore, cheerfully wait gor that debato, only saying that the circumstances of Kansas and of the cause of free doom in Kansas are imminent, and that J hope the debate will not be peocrenines or delayed. Before wo are aware of it there may be civil war in Kansas, and | pray that the debato, while it is conducted so as to give every person an opportunity to be heard, will be brought on and closed here as early as possible. | will take this occasion to say that {congratulate the Senate and the country, and I thank the President of the United States for the improved spirit in which this difficalt—in some respects painful— and yet most important subject is presented, the great improvement ou the messages which have been reccived by Congress from his predecessors, in the exalted station which he fills, Now, in order that all the parts of this mes- saye may be known to have had some consideration here, I wish to notice that portion of the message which relates to the commercial and financial troubles of the country, and to say that if the President and bis administration shall be able to suggest any measures which ghall tend to fortify the currency of the country, and to save its industrial interests from the periodical convulsions to which they are subject, 1 hope those measures will be communicated to Congress atan early day. I apprehend there will be found a cheerful response on the part of the representati' of the States and people to any judicious and safe measut that may be adopted for that purpose; but mere declama- tion on the subject will do little or nothing. I must take occasion to add, that while I think I shall make no objec- tioD, as at present advised, to a general bankrupt law which shal! exercise a salutary control over the fiscal jn- stitutions of the several States, yet I do not under- stand a bankropt law which is confined merely to fiscal operations to be a“ uniform” bankrupt law within the meaving of the constitution of the United States. I re- gret to see that there is not only no intimation of a desire on the part of the administration to extend the provisions of any bankrupt law which may be passed to debtors other than corporations, but that such purpose seems to be excluded trom the view of the adminisiration in the message which has been presented to us, The message treats of our foreign relations. I think it may be re garded as asndject on which we can congratulate the people of the country that the disposition of the adminis. tration is pacific at the same time that it is firm and na. Vonal, and I am happy to be able to add, for myself, the expression of great satisfaction with the course which the administration indicates, in regard especially to the subject of our relations with Great Britain and the States on this continent, involving Central America; I have felt mortified and humiliated to | r the pains which had been taken, and the concessions which had been made, by the President and Senate of the United States —that the just and liberal treaty offered them at the last session has been rejected. There is another cistarbance, perhaps more seriously painful and more immediately dangerous than any to which I have alluded, and that is the troubles in the Territory of Utah, On that subject I hepe it may be understood that the opinion of the Amori- can Congress is substantially unanimous, and that the world may be assured that the government of the United Staton will not euffor ite name to be tarnished, its power to de insulted, the lives of its citizens to be destroyed by an euewy, intrenched al he be in the Rocky Moun- tains, under the forms of the conatitution of a Torritory of the United States. Ido not immediately commit myself to the project of increasing the army by the addition of four regimenta; but I do say that every measure which shall be |. and be calcuitated to establish peace order in that Territory, shall have my most cheerful su 1 beg leave to suggest to that portion of the Senate May constitute hereafter a Committee Military Affaire, and may bave charge of this subject, whe- ther it will not be worth their while to consider w! the Pacific coast will not furnish the proper scene for the en- listment of men,and for the despatch of soldiers to quell this rebellion, and whether the operations neccasary can- ‘not be more advantageously instituted in California than on this side of qe mountains. Mr. Dovatas—As there seems to be a disposition to de- bate this question before we can have a vote on the mo- tion to print, and as there have been intimations on both sides of the chamber—for I seem to stand between the parties—that they are waiting to hear what I may have to say upon this point, if it be agreeable to the Senate I will very briefly state my reasons of dissent to morrow when the Senate shall meet, in order not to delay the vote on the motion to print the meneage. Mr. Masox—I do not know how it ie with other se. nators, but before this debate is gone into, I should be very much gratified to have an opportunity of examining those documents upon which the President reste his Judgment in the communication be has sent us. Kansas is a very distant place from us; and for one I am free to declare that ail the information I have been enabled to obtain from there during the last six months bas come through very questionable sources, upon every subject, whether of incldenta occu there or of their laws or their action. We are to take it for granted that the Presi- ident has gent to us a body of information derived officially, ‘on which he has rested the judgment given in his mes’ sage. I submit to honorable senators, therefore, whe- ther we should not, for the propriety of the occasion, as Be as ~} our own Sa eae eet to be printed as speedily ax poss! ‘on m: will take the eeasion’ to declare that. if T undersand by the President's message, as | do understand it at present, that he means that the action of the Kaneas Convention, being a legitimate Convention, be the action of the Con. vention what it may, is to be respected Uy the Omngremn of the United States, | not only agree with him, but I here Aver that there is no jurist in the Jand who could not de- monstrate, as a question of lgw, that the federal govern ment was bound to respect it under the existing law—I mean the Kansas-Nebraska act. That act gave to thowe the whole political power, without any reservation, submitting it ow in ite exercise to the constitution of the United States. If we are now to criticise what they have done, provided they pursued the forms of their own Iawe—and I presume they did—far less if we are to ab Togate it, we cannot do so anlens we take hack all that we have done, por wat Territory, and euple to of pupilare we usted you with 5 yuu have shown yourselves incapa- ble of ex it, and, therefore, we, a¥ your masters, ‘vill now you.’’ I say such are the improe- Si 9 Tero irom all tho information | have in relation to © © subject. If T construe tho Prosident’s message corre: "Ss position ts entirely impregnable on that subject, ‘4 be exceedingly sorry to bo obliged to gu « t ebate—and I should be very sorr) if the honorable Senator from Illinois, who has given 1 challenge——I mean a challenge to public opinion—at the very firet hop of the ball, should find himself constraiaed to go into this debate without having the benefit of all the information upou which the Preeident’s rests. 1 —_ therefore, that the honorable Senator Maine will not persist in his motion to refer the proposition to print; but that, as has been ited for mutual eonve- nienee, the vote to print will be taken, and that the print- ing may go on while the deb te continues, for it will take long while, | presumé, to print the voluminous mass of documents before us. Mr. Freavxs—I had but a single object, and Ido not fee! disposed to orge it against the wish and a of Senators. My only desire was to call the attention of the Senate to what has been considered heretofore a matter of Thave no interest in it other than as Mr. Poew—Allow me to make a suggestion which will, I think, obviate the diffteulty. do not care about seeing very soon the relative to foreign afeire. The Sepator from Maing does not doubt that it | House of Represenatives—both of which are elected by will be important to print In full all the documents rela- tive to Kansas. | that we make sim| lating to Kansas. Po consideration time, I desire t say a boss lyepy a ad to an assumy which is mado in it, which I think is not founded in fact, and upon which the Raa, dvciave Nth ee A Kansas is ‘ ve it right and proper to combat error upon tirodlimlons, and to meet it at the threshold. The Presi- dent, in treating upon this Kansas question, speaks of the convention which met at Lecompton, and framed a con- stitution, as if it were a legi convention. The honorable Senator from Virginia has just spoken of it as a legitimate convention. Now, sir, I deay in toto that that Convention possessed any OE HNL and Ido not my denial on the ground that the Ter- ritorial Legislature of Kansas was a fraudulent Legisla- ture. I believe that to beso. I believe that the Legisia ture bad no authority to act upon any subject; but, con- coding that it was the legitimate Legislature of the Terri- tory of Kansas, properly convened under the organic act, I deny that it had any avthority whatever to initiate a Convention to form a constitutien for the people of Kansas and destroy the Territorial government. The Congress of the United States, at its last session, refused repeatedly to authorize the pope of Kansas to form a State constitu- tion. Bill after bill was presented to give authority to the people to hold a convention and form a constitution, pre- paratory to admission into the Union; but all failed. ‘Such an act was passed in regard to Minnesota, and such has been the usual course in regard to al) Territories. Now, I do not undertake to say that ress may not take 4 and ee proceedings of a Convention which {s called without legal authority. They have done 80 in several instances, as in Michigan and Cali fornia. Congress has not always passed an en- abling act in the first instance, hut usually it has. I donot say, however, that the Convention which met to form a constitution in Kansas, under the authority of the Territo- rial Legislature, Was not a Convention convened in pur- suance of law; because a Territorial Legislature has no authority to do any aet destructive of the ferritorial or- ganization, and the authority granted in the Kansas act authorizing the Terriorial Legislature to legisiate on all rightful subjects, not inconsistent with the constitution of the United States and the organic act, is not different from ‘the authority which was ce to Territories in previous: instances. In looking at the act for the organization of the Territory of Minnesota, | find that its sixth section de- clares “that the legislative power of the Territory shall ex- tend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of the organic act.’’ So, also, the Territorial act estabishing the Territory of Arkansas provided that its Legislature should bave authority ‘to pass any law for the administration of justice in said Territory,” which should not be repugnant to the organic act, or inconsistent with tho constitution of the United States.’ In regard to Michigau, the organic act gave authority to the Legislature to make laws in all cases for the good government of the district, not repugnant to the ordinapce of 1787. under which it was organized. Now, sir, I wish to call attention to a precedent on this subject, for it is no new question. Some years ago an at tempt was about being made in the then Territory of Arkansas to get up a convention under the Territorial act. The Governor of Arkansas addressed the President of the United States, at that time General Jackson, to know what course he should pursue in case the Territorial Legislature attempted to cal! a convention to form a State constitution. General Jackson referred the communication jo the At- torney General of the United States, and here is his opinion:— ‘The Legislative power is vested in A compost tre branches—the Logislative eral Ansembly onneil and the the Pm ee} The act providing for the government of the ferri- ry of Missouri, approved June 4, 1812, and which is adopted in dhe laws relating to Arkansas, aa detning the powers of the legislative department, declares "that the General Assemb!: shalt bave power to make laws in allcases, both civil and criminal, for the good government of the people of aid Terri- tory, Rotrepngnant to, of ingonaistont with, ‘he constitution and laws of the United states.” This partof the law iat ba taken in connection with the other provisions contained in it; and when so considered, it will be seen that the whole law was designed to accomplish the single purpose of organizing = temporary Territorial government, which was intended to re main subject at all times to the control of Congress, under the authority conferred upon it by the constitution of the United Sates. ‘Tn the exercise of this authoritys Congress may, fut Pleanure, tepeal or modify the iaws passed by the Terriorlal vegislature, and may. at any time, abrogate and remodel the Legislature itself, and all the other’ departments of the Terri- torial government. To suppose that the legislative powers granted to the Gene. ral Assembly include the authority o abrogate, alter or modi fy the Territorial government established by the act of Con- gress, and nf which the Assembly is a constituent part, would we manifestly absared. ‘he act of Congress, so far as it is consistent with the constivution of the United States, and with the treaty by which the Territory, as a part of Louisiana, was ceded to the United States, is the supreme law of the Terri tory; itiy paramount to the power of the Territorial Legisla ture, and can only be revoked or altered by the authority from which emanated. The General Assembly and the people of the Territory are as much bound by its provisions and as incapable of abrocating them, as the Legislatures an people of the American States are bound by and incapable of abrogating the constitution of the United Staccs. Ttis also & maxim of universal law that when a particalar thing is pro. hibited by law, all means, altempts oF contrivances to eltvct such thing are ilso prohibited, Consequently, It ts not in the power of the General Assembly of Arkanaas to pass any law lor (he purpose of electing members to form « constitu and State govern direetly, 10 creat even though it were a tory, would be null and standing bis veto, by a ve would still be equally vou. This was the ground taken by the administration of Gen. Jackson in regard to Arkansas; and the position is an un- answerable one. Any law passed by the Territorial Le gislature of Kansar—which possessed no greater authori- ty than tho Territorial Legislature of Arkansas—initiating & convention, is utterly null and void. The Attorney General then goes on to discuss the right of the people to petition, and to get up a goverument and present it to Congress, asking to be admitted ax a State into the Union. He argues that they bave no power to put into operation a constitution emanating from the people, without congres: sional authority, but they have the right to assemble aud petition for a redress of grievances, and if they think pro- per to present their petition in the form of a coustitution, as the people of Kansas dia the Topeka constitution, leaving it to Congress to determine whether to ad. mit them or not. But this convention which met at Lecompton originated in a call of the Terri torial Legisiature, and ix entitle! to just ax much reapect, and no more than would be a call emanating from the same number of persons who are equally respeciable, and not embers of that Logisiature. But, sir, thore is other authority than the administration of General Jack- fon and the opinion of the Attorney General in 1836. We have authority which T apprehend will be satisfactory even to the Senator from Pennsylvania, (Mr. Bigler,) who endorsed this message in full. In the debate which took place upon the admission of Michigan into the Union, an objection was raised that the convention which assombled in the Territory of Michigan had not been authorized by the Territorial Legisiature, but emanated from sponta- neous meetings got up the Territory—a sort of volun- tary convention, Mr. Huchanan ‘answered that ob- Mr. Harz—What Puchanan was that ? Mr. Tremnutt—Mr. James Buchanan, pow President of the United States. 1 will read what be said from the Con. or to do any other act, directly or i government. Kyery such law, wernor of the Terri by them, notwith each branch, tt gressional Globe of that day:— We ought not to apply the rigid rules of abstract political actence too to such cases. It haa been our practice infant Territories with parental care— to noree them with kindpess, and when vd aitainéd the age of manbood, to admit them into the ‘family without re q from them a rigid adherence to forms. The great qneations to be decided are —Do they contain a anffictent pop- ulation? Have they adopted a republican condtitution’ And are Mg eg t - Cpt a PY Propose! If so, all the prelim! proceedings bave bean considered but mere forma, which we have waived in ed instances. They are but the scaffolding of tho by which is of no further use after, the edifice have pursued this course in to Tennersee, to Arkan fgne, and even to Michigan, No lor will pretend that their Territorial Legislatures bad any right what to pase laws enabling the people to elect delegates to a conventioa for the purpose of forming a State constitution, Tt Usurpation on their part B ‘That was the lan, of James’ Buchanan, now Presi , Who encamped bis: army round and dent of the United about this Lecompton Convention, declared it now talks about it as a legitimate convention, and speaks in his message here of an election which is to be held ‘under its authority as legitimate. It was an act of usur pation on the part of the Legislature, to use his own lan guage, ever to have passed an act calling into being « con ‘vention to fortn a State constitution. How idie is it, then, to talk of this Lecompton Convention as a legitimate one, emanating from competent authority! In the same specch, from which I before read, Mr. Buchanan re marked :— The Senator from Ohio (Mr. Ewing) bas contended that the second Michigan Convention had no power to assent, beeause the first Convention which was held bad refused. Mr. Ewte anid he had asked whother, if the first Conven tion had assented to the condition pi by the act of Con gress, there wonld have been any objection to thia assent he- cause it had been called by virtue of an act of the Legisia ture MM. BUCRANAN said, certainly bot, a been contended that this aet of the the subsequent proceedings of the Convention. Although it wae not necessary to give them validity, yet it wonld not destroy them. It could neither make the dase better nor woree. ‘That was the opinion of Mr. Buchanan in regard to the authority of a torial Legislature possessing ail the were ander the organic act which the Kansas Territorial egiclat're possessed to call a convention to form a con- stitution Now, tr, T undertake to say that this Lecomp- tion Conycotion war fot @ legitimate convention, that # ho anthor ty whatever, and that all its enact. ments which it hay unartaken to carry into effect, such as or ni vg election to be supervised by ite President, a) void; that every act which it has attempted to estat lisi, over the people of Kansas, without their subsequent ratifica#ion, i*, in the a of Mr. Buchanan, & usurpa- Won, aod no man is bound to submit to it. If tie Conven- Lion submit their proceedings to the action of the people, ‘andthe people endorse them, that might give them va itdity; but without ewch endorsement they can have no binding force, because they do not emanate from a legiti- mate source. There is one other point in revard to this Kaneae matter to which I desire to allude. The President speaks of the submission of the slavery question to the ie of Kansas in Mmanuer in whieh it ie wubmittedesbut | jy at the most—as a fair ATT ing Set of the prin of the Kansa-Nebraska ‘bill, That bill has been held np before the country as es. tablisbing the great prineiple \f blishing the principle for which our fathers recure our independence—the principle of allowing the people to "re wh domestic institations in their re had vitiated Tt never could have ina wn way, and wl it amount to, according to Mr Buchanan? ft te simply to giving the free white po gg aright to determine the condition of a w negroes hereafter to be brought into the State—and nothing more. The condition of those now there cannot be teucbed. To this bas the great principle of self goy. PRICE TWO CENTS. ernment now come, according to the recognized oye nent af if og Bower ipaugurated the Kansas act! e free people of have no right, under the Lecom| constitution, to determine on the organic law under they shall live. They have no right to determine the in- stitutions for the government of white men—not at all. ‘They cannot determine what sort of a Legislature they shal have, of how many members it shall consist, ‘what the qualitications tor membership shall be. They cannot pags on the right of suffrage. mine ag to the creation of banks, oth a thousand other things which are put into the constitu tons by the people in all our States, for the government of free white men; but they may determine what shall be the condition of a few negroes, hereafter to be introduced ; and that is the great principle of popular sovereignty—ac- cording to the message ! shall have occasion, at some future time, to speak more at length in regard to this docu- ment. My only object in rising now was to meet the assumption—not founded, as I conceive, in correct law— that the convention which assembled under the authority of the Territorial Legislature was a legitimate convention. ‘It was not as good a convention as the one which met at ‘Topeka, because that convention did emanate from a por- tion of the people at least, whereas the Locompton Con- vention emanated, as | insist, from a set of usurpers. Mr. Browx—An hour and a half since 1 moved an ad- journment, because I then saw, and stated, that we were about to be hurried prematurely into a discussion of the merits of this message. A document of so much impor- tance needs, I think—so far as | myself am concerned I know—to be deeply studied before Senators can express opinions upon it which are to bind them, and, to a very great extent, give direction to public opinion ‘throughout the Union, and I may say throughout the world. There seems to’ me, sir, to be an eagerness to enter upon this discussion; an anxiety to find fault on the one side and to applaud on the other, but more especially, it seems, to find fault with the message imperfectly heard from the Secretary's desk, and perhaps more imperfectly un- derstood. Among the junior members of the Senate the appeal, perhaps, comes badly from me to ask a day that Senators pony zleep # night on this document before they insist on embracing opinions and sending them in nowspa- pers and upon telegraphic wires throughout all the country, to give direction to public opinion upon great questions, particularly upon one question which the Senator from New York has indicated, may yet give rise to civilwar. I cannot follow the logic of that Sena- tor when he says that he is anxious, impa- tient for the debate; but yet, as I undestood him, he said that, before we reached the coming in of the next year, we might have civil war in Kansas. Sir, if there be civil war lying in our path, and not a month oif, how vastly im portant must it be to this deliberative body that every Se- nator whospeaks sball — upon deliberation! Haye Se- nators well considered the importance which the country will attach to words spoken here to-day, perhaps lightly thrown off, the impulses of the momout, the feelings of the instant produced by the reading of the important paper? Yet, sir, at the very moment while I address this august body, words already spoken here are being car- ried to the remotest part of the republic to produce their impression. Possibly, before this body ghall have met again to-morrow, these words will be in print and be read un Kangas t inflame public feeliag there. I implore Se- pators to consider well before they take positions and utter sentiments which T am sure cannot be well matured on fifteen misutes’ reflection, or rather upon no reflection atall. To test the sense of the Senate on this question, L renew my motion to adjourn; and I will not withdraw it at the instance of any Senator. ‘The motion was agreed to, and the Senate adjourned. Abstract of the Second Day’s Debate. WASHINGTON, Deo. 9, 1857. ‘The pending resolution on the printing of the President's message was then called up Mr. Dovaras, who proceeeded, in an eloquent and co- gent argument, to discuss so much of that document as relates to the Territory of Kansas. He commenced by ex- pressing bis satisfaction to find that, in intimating on the receding day some dissent from this part of the message, he bad eo greatly exaggerated the real grounds of difter: ence between himeelf and the President. A critical and careful perusal of the paper sufficed to show that the President had not approved the course of the Lecompton Convention, and had pot recommended the adoption of its work by Congress. Not only had he (the President) inti- mated his disappointment at the decision of the Conven- tion, but bad still more expressly marked his disapprobation of its policy by citing with terms of approval the stipulations of the Minnesota act, passed by the last Congress, and in which it was provided that the constitution formed by the Con- vention of that Territory should be submitted to the peo- ple. The President, by expressing the hope that this stipulation might hereafter be inserted in all similag acts, and by adding that he ‘had taken it for granted” that the Kansas Convention would conform its action to this exam- ple, must be cousidered to have announced his views of the principle that should govern the present case in terms not to be mistaken, though undoubtedly he left it to be in ferred that if Congress should agree to adopt the work of the Convention he would interpose no objections. This Was as itahould be. ‘The constitution conferred on Con- gress the power to admit new States, and the President, therefore, acted wieely in leaving the pending question in the hands of those to whom it belonged. By abstaining from any recommendation in the premises he had clearly shown, however, that this was not an “administration measure.” But, in cordially agreeing with the President in the ge- neral principles thus announced, the speaker expressed his entire dissent from the interpretation placedj by the meseage onthe meaning and purport of the Kansas-Ne- braska act. The President, in supposing that the scope of that legislation was confined to the subject of slavery, committed a fundamental error, which, however, was not inexplicable under the circumstances. Atthe time the Kansas Nebraska act was under discussion in Congress Mr. Buchanan was representing with great ability and use. fulness the interests and honor of hie country at a foreign Court, and therefore could not be expected w have closely scanned the arguments of ite xupporters. What was the main consideration urged by ite s in Congress? It was that the people should be left free to decide for themselves the question of slavery, as they were already free to decide all questions relating to the judiciary, common schools, banks, finance, taxation, &¢. It was urged that ff the people are allowed to determine the laws that regulate the relations between husband and wife, pa- rent and child, guardian and ward, they should also bo left to determine whether they will recognise or not the relativn of master and slayo. And hence the Missouri re- striction was repealed as infringing the sovereign right of the people with reference to the question of slavery, and with the view of establishing be bg repeal a genoral and uniform principle, which should equally apply to slavery and all other topics of domestic concern, and not to one such topic either more or less than another, Upon this understanding of the Kansas-Nebraska act the last Presidential contest was waged by the democratic party and the victory won. The principle was too,dear and too vital to bo either ignored or frittered away, and the error of the President in thi regard was radical, fundamental, - aaevermve of the party platform on which be was elected. From thie statementof the case it necessarily followed that the same reasoning em) ed by the President to vin- dicate the propriety of ret y> ¢ the slavery question to popular decision should be held equally applicable to all other “ domestic institations.’* Nor did it suffice to say that the Kansas Convention was ‘a legal body, and as excluded ey ted from review- ing and reversing its decision. The convention had never been recognized by C , Which, in distinctly refusing to pass an enabling act for that , had rather withheld its assent from the assembling of any convention in Kansas. Nor did the organic act of that Territory confer upon the Legislature the power to au thorize such a body. Territorial conventions were strictly legal only when held in pursuance of an act of Congress, This was the dostrine announced by the administration of President Jackson im the case of Arkansas, and reaffirmed in a report of the Com- ‘mittee on Territories in the United States Senate so late ‘as the 1th March, 1856. Without such Congressional sanction the action of a convention can be regarded as nothing more than a petition to Congress, which that body. may receive or go at ite discretion. The Lecompton oo was, however, 4 lawfut body, beeause the ve at ail Limes a right to petition Congress for a redress of grievances, and WT cengtean wore satiated that the Lecompton constitution embodied the will of the peo ple of Kansas it would be competent to accept the pend- ing project. twas generally understood by the people of Kansas, both thoee who voted for the delegates to the Lecomp: ton Convention and those who did not, that the constita- tion was to be submitted to the people for ratification or rejection. Such too was the understanding of the people thronghout the whole country, as derived from the Presi- dent's instructions to Govervor Walker, the inaugural address of that functionary, and other official papers. Upon this understanding Gover Ransom, the democra- tc candidate for Congressional de! from Kansas, can vaseed the Territory previous to the last October election. ‘The pledges and promises thus made have not been ratis- fed by the Convention. The Convention provides that the constitution shall be submitted, it is true, but in euch a wny as to render it rather a mockery than a practical exemplification of popular sovereignty. The people may vote for the constitution, but not against it; and the rea- son assigned by some in defence of such a denial (« found in the alleged tact that « majority of the people of Kansas were bent on voting the project down without regard to ite merita. Into the probable motives which might thu actuate such a majority it is not the business of Presidente nor Senates to enter. The majority has a right to enforce ite will, reasonable or unreasonable ax it may appear to others. But it is sav that the Convention hae fairly 1 esouted the slavery qneston for popu (hie the epeaker « miod: for it wns m xplicitiy tement. ea cond on precodeng to ve this subject that thove who vote exher for o* » yshall also vote for the constitution. ' voto om this point, with afore)» oytance of covetitotion on ali other peinta, the Corvcuoon bas res 'y tended to disfianchiee As many ae might desire to +09 eichor for or agninat avery, but whose repugnance w the constitution ia other respects may snffice to keep them from the polls. The question of slavery, 80 fer from being presented singly and explicitly, is really overlaid by all the provisions of the constitution on other points, since these must be votot for as a condition to voting for or against that matiution, Whether, therefore, ‘siavery section” shall be “voted ont” or “voted in,” a fair and full expression of the popular voice om even this sing! ot cpaured In view of those facts the epoaker Gwwugh! et Com gress should pass an enabling © auchorizing the cai of Anew convention, and provi’ for the {rir enbmiesion of the constitution, as in the coent case of Minnesota This would be just in iteelf, and would work # restoracon of peace and confidence, not only in Kansas, but in the country at large. For himself, though all should desert him, be would stand by tho great principles of sel! go: vernment, in their simplicity and in their integrity. Mr. Brower, of Pennsylvania, replied in a brief apeech to the arguments advanced by Mr. Douglas, who, he re gretted to say, had taken a view of the pening question Which seemed to bim nota litte elitragrdinary, oem = Sonn once himself regre' the decision the Convention in the ‘notion off sab thd vor tion, he could not overlook the praotical advantages that might accrue from accepting their work in its present shape. This would calm @ dangerous agitation, and it seemed to him the dictate of patriotic duty to put the best rather than the worst construction upon the Convention and ite doings. It should be remembered that the circumstances of Kansas were peculiar. On this pointhe spoke from personal observation. He had mingled with the people of that Territory, and found, on the part of many, an indis- peace to recognive in any way,or to any degree, the legality of the late constitutional convention, So de- termined were some in their hostility to that body, and im their determination to have the Topeka constitution, that they avowed in advance their purpose to ‘vote down’? the Lecompton project, without regard to its contents. Under such circumstances it was not whoily unnatural that the Convention should make the decision for which it is now blamed. Foreseeing that their work would not be judged on its merits, they refused to strengthen the hands of faction by submitting it a6 all. If this was not justifiable, it wae yet not wholly in= explicable. Mr. B. thought that Congress was estopped from going behind the Convention by the democratic prine ciple of non-intervention on the part of the federal go- vernment in the domestic affairs of the Territories; and when no practical wrong could possibly result from ad~ mitting Kansas into the Union under the pending constita- tion, he considered it the duty of Congress to avail itselt of the opportunity now presented to give peace to tha. ‘Territory and to the country. High wise considera: tions of public policy plead in behalf of this course. After a brief colloquy on certain points involved in tbs discussion, and which was participated in by Messrs. Mason, Donglas, Bigler and Hale, the further consideration, of the subject was, on motion of Mr. Green, postponed, until Monday next. THE KANSAS QUESTION AND THE OHIO DELEGATION. Hovse or rATIVES, Wasutxaton, Dec, 9, 1857. TO THR EDITOR OF THE UNION, ‘ Sin—In the Republic of Dec. 8, 1857, I observe the fol- lowing:— ‘(A democratic member from Ohio says that the demo- cratic delegation from that State have unanimously voted in caucus to oppose the Lecompton constitution,” ‘The foregoing statement is not correct. The subject re+ ferred to has never been either canvassed or voted upom in any pomoage | of the democratic members of the delee gation from Ohio, Yours, respectfully, : Wit, LAWRENCE, Our Washington Correspondence. Wasuinaton, Dec. 9, 1857. The Position of Senator Douglas on the Kansas Question— ‘The Present Position of Affairs—The Sectional Struggle for Supremacy in the Torritory—Who Prompts Secretary Stantan ? Alea est jacta. Jadge Douglas delivered his greatspecch on Kansas in the Senate, and was listened to with pain on one side, and with rapturous applause on the other. Ha differed from the President in fotoon the Lecompton con- stitution—at first with moderation, and in terms perfectly respectful, but being irritated by some remarks of Goy- ernor Bigler, of Pennsylvania, he indulged in some garcag« tic eallies in regard to the President which were not im good taste and against his own purpose. It is always #0 when warlike forces are brought in immediate contact, Neither party may be intent upon war; butarrayed in oppo + sition they soon look on each other as hostile; then followa provocation and excitement, and finally an unhappy blow is dealt, which is followed by a general scuffle. The passions of men are the same everywhere, and when hostilities are once commenced, none of the combatants can exactly toll where he is going to stop. “ Blessed are the peace Mak= ers.” Lowering as the political clouds undoubtedly appear, wa shall, after all, not have @ very great storm. Tne slavery clause will be fairly submitted to the people of Kansas; they will vote upon it, and the constitution will come here with the slavery clausef stricken oat. That is all that is, was, and will be, about Kansas. That was the sole ques- tion Which agitated the people of the Territory, (including those who were sent there by Northern and Southern fa- natics,) and which entered into the last Presidential con- test. Who shall say that such « constitution will not prove acceptable to grees? Who shall assert it will not prove perfectly satisfactory to the people of the whole Union? Our people area practical people; they will not be thrown off their balance ‘by an abstraction lo not care a butte hether the constitution was framed in optima forma juris, or whether ies took place occasioned by the flerce struggle tions. If the dish prove savory, no one cares whether the salt was put in before the butter, or the but« ter before the salt. ‘The Territory of Kansas hag not been settled in the or- dinary way, Funds were provided by the inhabitant of Northern and Southern States to send emigrants thither— not so much as bona fide settiers, but to act as representa tives of conflicting opinions in the States. This wat charged upon the freesoilers by Judge Douglas bunself on the stump, and the fact has been patent to the whole ——> ‘The struggle in Kansas, therefore, was a struggie between the states for ascendancy, and the South bas had the worst of it, Now that the South is retreating, and pressed by the North, is it a wonder that a few cavaliers should fire a random shot at their pursuers? Is it prudent—is it gallant—is it magnanimous for the North on that account to renew the general onslanght, and in this hour of our national distres#, to fight the whole battle over again? These “ raseally pro siavery Lecomp- ton conventionists”’ are, after all, no sepoys—no vile mu- Uneers; butour brethren, sons of those who have stoof by us in the hour of need,’ whose blood was mixed wit’ ours in the revolution, and in every successive for national honor and grandeur. It was red out ty and generously on our common battle Relds: ‘Their ta- lents, their genius, their wealth, and their sacrifices have enriched the whole common patrimony, and we cannot in —— aaa but that they will be pugnacious of their share in it. No confederacy can subsist without mutual concessions, and they are especially becoming to the stronger party. Kansas is to be a free State—that is settled: the substance being with the North, it is scarcely a proo” of statesmaaship to quarrel about tho shadow. The peo- ple are tired of the slavery agitation, which stands in the way of all other healthful legisiation, and they have con- Adence in “Old Buck's” wisdom, prudence and experience to guide the ship of State through the breakers, Mr. Buchanan has no other ambition but that of leaving hig name in the history of his country, and itis too late inthe day now, after nearly half s century's faithful | eng service, to impugn either his motives or his cha- racter. Those who have for a long time exclusively de- voted themselves to one subject naturally Believe that it engrosses the whole civilized world, while to the statesman of riper years things appear in rela tive proportions, enabling him to give each ite proper place and value, Kansas question, from being @ subordinate one, came very near dividing the Union into two great sections. Mr. Buchanan's polic: thus far, the breach, and his practical eae? manship Prevent @ second fight a past imue. Secretary Stanton bas convoked the Legislature of Kan- sas, and will probably be removed. Quere—Did he do ro to carry out Governor Walker's plan? The Presidency, nea but the Presidency, in ese, 8 @ one. Warurvetos, Dec, 9, 1857. Douglas’ Phillipic Against the Adminitration—An In« vide View of the Plots of the Cabal—The New Territory off Arisona—Prebatle Resignation of Gov. Walker, de. In my correspondence for the Harun, | have described the varying phases of political sentiment on the Kansaa question, among those who have been recognized as lead- ers or chiefs of the democratic party. 1 have specially spoken of Judge Douglas, as he appeared to be the head and front, in connection with Gov. Walker, of the move. ment set on foot in opposition to the administration. ‘When fresh from the West, and when in communion with the Walker faction in New York, the “Little Giant!’ wag full of wrath: afterwards, We became subdued somewhat under © Washington atmosphere ; then, while his friends were hoping most for bis reputation and consistency: he suddenly disappointed them by an apparently matured announcement yesterday in the Senate, after the Presi- dent's message bad been read, of bis opposition to the ad- ministration, which was so marked as to call forth gratu- Jatory expressions from Senators Seward and Hale: and now, to-day, he bas, in his speech in the Senate, disap- ninted both the friends and enemies of the government. Mite views are materially modified since yesterday, and so he confessed in the opening of his speech. The gallerica and lobby of the Senate were crowded at an iy hour, Many of the foreign ministers and a large auditory of la! dies, among them his beautiful wife, were tb to hear the terrible lemosthenio philippe which had been 80 Ostentatiously — anananced. “Judge Douglas was to against the administrat.on, > were the wores bruited about everywhere. It war tha topic of cons creation from the time he made the annowee= nent Festerday tit the delivery of the speech today Not wich has been said about it since. faik more than ene senre it Was a declining speech. H no poltt—no great theme on whic to dwell; bie toc: Were expenied in quibbles, in mere technicalit «iat the miserable work of bair-eplitting. The President had left nothing, in realty, for hin te oppose, Unless he had one over manfuliy to the party of Seward and Hale, us, then, to use the ‘clare lang utee,” oF Terpsicho- rean simile of a distinquished eveuing cotemporary of Washington, “Judge bougias has opened the ball.’ Tn regard to there apparent little twistngs and turns vr. Douglas within the last few days, there is = je bit of ineide history well worth noting and re. membering. ‘bere is 4 very common, and considered vulgar expression, though forcibie, aad especially appl. cable here. lying jow.”” Judge Douglas bas a “lying low’? until his friends had secured the printing and mist important offices a4 the capital, This is a part of tho programme which T explained in my communication of tie Tth. Metabers of Congress have been greatly mysti« fed, Many declare thot had they been as well informed as they Now are ot cho time they went into caucus, thoy would bave voted differently. Forney, Douglas, Walker, the New York Hotel clique and their agente, have thrown dust plentifully in the eyes of this new Congress, if, im- deed, they have not in the eyes of Mr. Buchanan and the members of his Cabinet. The President in his message mentions epecially Art- zona, that part of onr country bordering on known better as the Gadsden purchase, recommending a Terri- torial government for it. Mr. Mowry, the oloct, from Arizona, who is here ready to take his seat, will present immediately petitions from the people of that re- {CONTINUED ON EIGHTH PAGE)